Constitution of Ireland in the context of Referendum

Ireland (Irish: Éire [ˈeːɾʲə] ), also known as the Republic of Ireland (Poblacht na hÉireann), is a country in Northwestern Europe. It consists of 26 of the 32 counties of the island of Ireland, with a population of about 5.4 million. Its capital and largest city is Dublin, on the eastern side of the island, with a population of over 1.5 million. The sovereign state shares its only land border with Northern Ireland, which is part of the United Kingdom. It is otherwise surrounded by the Atlantic Ocean, with the Celtic Sea to the south, St George's Channel to the south-east and the Irish Sea to the east. It is a unitary, parliamentary republic. The legislature, the Oireachtas, consists of a lower house, Dáil Éireann; an upper house, Seanad Éireann; and an elected president (Uachtarán) who serves as the largely ceremonial head of state, but with some important powers and duties. The head of government is the Taoiseach (prime minister, lit. 'chief'), elected by the Dáil and appointed by the president, who appoints other government ministers.

The Irish Free State was created with Dominion status in 1922, following the Anglo-Irish Treaty. In 1937, a new constitution was adopted, in which the state was named "Ireland" and effectively became a republic, with an elected non-executive president. It was officially declared a republic in 1949, following The Republic of Ireland Act 1948. Ireland became a member of the United Nations in 1955. It joined the European Communities (EC), the predecessor of the European Union (EU), in 1973. The state had no formal relations with Northern Ireland for most of the 20th century, but the 1980s and 1990s saw the British and Irish governments working with Northern Irish parties to resolve the conflict that had become known as the Troubles. Since the signing of the Good Friday Agreement in 1998, the Irish government and Northern Irish government have co-operated on a number of policy areas under the North/South Ministerial Council created by the Agreement.

United Ireland (Irish: Éire Aontaithe), also referred to as Irish reunification or a New Ireland, is the proposition that all of Ireland should be a single sovereign state. At present, the island is divided politically: the sovereign state of Ireland (legally described also as the Republic of Ireland) has jurisdiction over the majority of Ireland, while Northern Ireland, which lies entirely within (but consists of only 6 of 9 counties of) the Irish province of Ulster, is part of the United Kingdom. Achieving a united Ireland is a central tenet of Irish nationalism and Republicanism, particularly of both mainstream and dissident republican political and paramilitary organisations. Unionists support Northern Ireland remaining part of the United Kingdom and oppose Irish unification.

Ireland has been partitioned since May 1921, when the Government of Ireland Act 1920 came into effect, creating two separate jurisdictions—Southern Ireland and Northern Ireland—within the United Kingdom. Southern Ireland never fully functioned and was soon replaced by the Irish Free State in 1922, which became independent, while Northern Ireland opted to remain part of the UK. The Anglo-Irish Treaty, which led to the establishment in December 1922 of a dominion called the Irish Free State, recognised partition, but this was opposed by anti-Treaty republicans. When the anti-Treaty Fianna Fáil party came to power in the 1930s, it adopted a new constitution which claimed sovereignty over the entire island. The Irish Republican Army (IRA) had a united Ireland as its goal during the conflict with British security forces and loyalist paramilitaries from the 1960s to the 1990s known as The Troubles. The Good Friday Agreement signed in 1998, which ended the conflict, acknowledged the legitimacy of the desire for a united Ireland, while declaring that it could be achieved only with the consent of a majority of the people of both jurisdictions on the island, and providing a mechanism for ascertaining this in certain circumstances.

According to the Constitution of Ireland, the names of the Irish state are Ireland (English) and Éire (Irish). From 1922 to 1937, its legal names were the Irish Free State (English) and Saorstát Éireann (Irish). The state has jurisdiction over almost five-sixths of the island of Ireland. The rest of the island is Northern Ireland, a part of the United Kingdom. In 1948 Ireland adopted the terms Republic of Ireland (English) and Poblacht na hÉireann (Irish) as the official descriptions of the state, without changing the constitutional names.

The terms Republic of Ireland (ROI), the Republic, the 26 counties or the South are the alternative names most often encountered. The term "Southern Ireland", although only having legal basis from 1921 to 1922, is still seen occasionally, particularly in Britain.

Dáil Éireann (/dɑːl ˈɛərən/ dahl AIR-ən; Irish: [ˌd̪ˠaːlʲ ˈeːɾʲən̪ˠ], lit. 'Assembly of Ireland') is the lower house and principal chamber of the Oireachtas, which also includes the president of Ireland and a senate called Seanad Éireann. It consists of 174 members, each known as a Teachta Dála (plural Teachtaí Dála, commonly abbreviated as TDs). TDs represent 43 constituencies and are directly elected for terms not exceeding five years, on the system of proportional representation using the single transferable vote (PR-STV). Its powers are similar to those of lower houses under many other bicameral parliamentary systems and it is by far the dominant branch of the Oireachtas. Subject to the limits imposed by the Constitution of Ireland, it has the power to pass any law it wishes, and to nominate and remove the Taoiseach (head of government). Since 1922, it has met in Leinster House in Dublin.

The Dáil took its current form when the 1937 Constitution was adopted, but it maintains continuity with the First Dáil established in 1919.

The president of Ireland (Irish: Uachtarán na hÉireann) is the head of state of Ireland and the supreme commander of the Irish Defence Forces. The presidency was established by the Constitution of Ireland in 1937. The first president assumed office in 1938, and became recognised internationally as head of state in 1949 after the coming into effect of the Republic of Ireland Act. The president's official residence and principal workplace is Áras an Uachtaráin in Phoenix Park, Dublin.

The presidency is a predominantly ceremonial institution, serving as the representative of the Irish state both at home and abroad. Nevertheless, the office of president is endowed with certain powers which have constitutional importance. While Éamon de Valera described his intentions for the office as being 'mainly to guard the Constitution', such a description is depricated by academic commentators, with the leading constitutional text noting "the Constitution is extremely sparing in its attribution of any independent functions to the office at all".

The Taoiseach is the head of government, or prime minister, of Ireland. The office is appointed by the president of Ireland upon nomination by Dáil Éireann (the lower house of the Oireachtas, Ireland's national legislature) and the office-holder must retain the support of a majority in the Dáil to remain in office.

The Irish word taoiseach means "chief" or "leader", and was adopted in the 1937 Constitution of Ireland as the title of the "head of the Government or Prime Minister". It is the official title of the head of government in both English and Irish, and is not used for the prime ministers of other countries, who are instead referred to in Irish by the generic term príomh-aire. The phrase an Taoiseach is sometimes used in an otherwise English-language context, and means the same as "the Taoiseach".

The predominant religion in the Republic of Ireland is Christianity, with the largest denomination being the Catholic Church. The Constitution of Ireland says that the state may not endorse any particular religion and guarantees freedom of religion.

The Courts of Ireland consist of the Supreme Court, the Court of Appeal, the High Court, the Circuit Court, the District Court and the Special Criminal Court. With the exception of the Special Criminal Court, all courts exercise both civil and criminal jurisdiction, although when the High Court is exercising its criminal jurisdiction it is known as the Central Criminal Court.

The courts apply the laws of Ireland. There are four sources of law in Ireland: the Constitution, European Union law, statute law and the common law. Under the Constitution, trials for serious offences must usually be held before a jury. Except in exceptional circumstances, court hearings must occur in public. The High Court, the Court of Appeal, and the Supreme Court have authority, by means of judicial review, to determine the compatibility of the common law and statute law with the Constitution. Similarly, the courts may determine the compatibility of the common law with statute law.

The Oireachtas of the Irish Free State (Irish: Oireachtas Shaorstát Éireann) was the legislature of the Irish Free State from 1922 until 1937. It was established by the 1922 Constitution of Ireland which was based from the Anglo-Irish Treaty. It was the first internationally recognised independent Irish Parliament since the historic Parliament of Ireland which was abolished with the Acts of Union 1800.

The Parliament was bicameral, consisting of Dáil Éireann (the lower house, also known as the Dáil) with 153 seats and Seanad Éireann (the upper house; also known as the Seanad) with 60 seats). The Seanad was abolished on 29 May 1936, and from then until its abolition the Oireachtas was unicameral. The King, who was officially represented by the Governor-General, was also a constituent part of the Oireachtas. The Oireachtas of the Irish Free State was disbanded by the 1937 Constitution of Ireland which created the modern Oireachtas.

Dáil Éireann (Irish: [ˌd̪ˠaːlʲ ˈeːɾʲən̪ˠ]) served as the directly elected lower house of the Oireachtas of the Irish Free State from 1922 to 1937. The Free State constitution described the role of the house as that of a "Chamber of Deputies". Until 1936 the Free State Oireachtas also included an upper house known as the Seanad. Like its modern successor, the Free State Dáil was, in any case, the dominant component of the legislature; it effectively had authority to enact almost any law it chose, and to appoint and dismiss the President of the Executive Council (prime minister). The Free State Dáil ceased to be with the creation of the modern 'Dáil Éireann' under the terms of the 1937 Constitution of Ireland. Both the Dáil and Seanad sat in Leinster House.

A Department of State (Irish: Roinn Stáit) of Ireland is a department or ministry of the Government of Ireland. The head of such a department is a minister termed a Minister of the Government; prior to 1977 such ministers were called Ministers of State, a term now used for junior (non-cabinet) ministers. Most members of the government are Ministers of the Government, though there may occasionally be a minister without portfolio who does not head a department of state. The law regarding the departments of state and ministers of the government is based in the Constitution of Ireland, primarily in Article 28; legislative detail is given in the Ministers and Secretaries Acts 1924 to 2020.

The Taoiseach is the head of the Government of Ireland. Under Article 13 of the Constitution of Ireland, the Taoiseach is appointed by the President of Ireland on the nomination of Dáil Éireann, the lower house of the Oireachtas. The Taoiseach must be a member of Dáil Éireann.

After a general election or the resignation or death of a Taoiseach, members of the Dáil are proposed and seconded for the nomination of the Dáil to the position of Taoiseach. They are voted on in the order in which they are proposed. The candidate reaching a majority of votes cast wins the nomination, and is formally appointed as Taoiseach by the President in Áras an Uachtaráin. Before 2016, all successful candidates obtained the votes of 50% or more of the house, but following the 2016 election, Enda Kenny was elected with the votes of just over one-third of TDs after Fianna Fáil abstained as part of a confidence and supply arrangement. Since 2016, it has been possible to formally register an abstention in Dáil votes. The Ceann Comhairle casts a vote only in the case of a tie.

The current Constitution of Ireland came into effect on 29 December 1937, repealing and replacing the Constitution of the Irish Free State, having been approved in a national plebiscite on 1 July 1937 with the support of 56.5% of voters in the then Irish Free State. The Constitution was closely associated with Éamon de Valera, the President of the Executive Council of the Irish Free State at the time of its approval (and who assumed the position of Taoiseach on its adoption).

The state known today as Ireland is the successor state to the Irish Free State, which existed from December 1922 to December 1937. At its foundation, the Irish Free State was, in accordance with its constitution and the terms of the Anglo-Irish Treaty, governed as a constitutional monarchy in the British Commonwealth with the British monarch as head of state. The monarch was represented in the Irish Free State by the governor-general, who performed most of the monarch's duties based on the advice of elected Irish officials.

The Statute of Westminster, passed in 1931, granted expanded sovereignty to the dominions of the British Commonwealth, and permitted the Irish state to amend its constitution and legislate outside the terms of the Treaty. The Executive Authority (External Relations) Act 1936, enacted in response to the abdication of Edward VIII, removed the role of the monarch for all internal purposes, leaving him only a few formal duties in foreign relations as a "symbol of cooperation" with other Commonwealth nations. The Constitution of Ireland, which took effect in December 1937, established the position of president of Ireland, with the office first filled in June 1938, but the monarch retained his role in foreign affairs, leaving open the question of which of the two figures was the formal head of state. The Republic of Ireland Act 1948 ended the statutory position of the British monarch for external purposes and assigned those duties to the president, taking effect in April 1949, from which point Ireland was inarguably a republic.

Éamon de Valera (/ˈeɪmən ˌdɛvəˈlɛərə, -ˈlɪər-/ AY-mən DEH-və-LAIR-ə, -⁠LEER-; Irish: [ˈeːmˠən̪ˠ dʲɛ ˈwalʲəɾʲə]; first registered as George de Valero; changed some time before 1901 to Edward de Valera; 14 October 1882 – 29 August 1975) was an American-born Irish statesman and political leader. He served as the president of Ireland from 1959 to 1973, and three terms as prime minister (titled as President of the Executive Council of the Irish Free State from 1932 to 1937 and as Taoiseach from 1937 to 1948, 1951 to 1954, and 1957 to 1959). He had a leading role in introducing the Constitution of Ireland in 1937, and was a dominant figure in Irish political circles from the early 1930s to the late 1960s, when he served terms as both the head of government and head of state.

De Valera was a commandant of the Irish Volunteers (Third Battalion) at Boland's Mill during the 1916 Easter Rising. He was arrested and sentenced to death, but released for a variety of reasons, including his American citizenship and the public response to the British execution of Rising leaders. He returned to Ireland after being jailed in England and became one of the leading political figures of the War of Independence. After the signing of the Anglo-Irish Treaty, de Valera served as the political leader of Anti-Treaty Sinn Féin until 1926, when he, along with many supporters, left the party to set up Fianna Fáil, a new political party which abandoned the policy of abstentionism from Dáil Éireann in favour of republicanising the Irish Free State from within.

The Constitution of the Irish Free State (Irish: Bunreacht Shaorstát Éireann) was adopted by Act of Dáil Éireann sitting as a constituent assembly on 25 October 1922. In accordance with Article 83 of the Constitution, the Irish Free State Constitution Act 1922 of the British Parliament, which came into effect upon receiving the royal assent on 5 December 1922, provided that the Constitution would come into effect upon the issue of a Royal Proclamation, which was done on 6 December 1922. In 1937 the Constitution of the Irish Free State was replaced by the modern Constitution of Ireland following a referendum.

As enacted, the Constitution of the Irish Free State was firmly shaped by the requirements of the Anglo-Irish Treaty that had been negotiated between the British government and Irish leaders in 1921. However, following a change of government in 1932 and the adoption of the Statute of Westminster a series of amendments progressively removed many of the provisions that had been required by the Treaty.

The peerage of Ireland consists of those titles of nobility created by the English monarchs in their capacity as Lord or King of Ireland, or later by monarchs of the United Kingdom of Great Britain and Ireland. It is one of the five divisions of peerages in the United Kingdom. The creation of such titles came to an end in the 19th century. The ranks of the Irish peerage are duke, marquess, earl, viscount and baron. As of 2016, there were 135 titles in the peerage of Ireland: two dukedoms, ten marquessates, 43 earldoms, 28 viscountcies, and 52 baronies.

This peerage is administered by the United Kingdom (which includes only part of the island of Ireland, namely Northern Ireland) and its titles are not officially recognised by the Republic of Ireland (which consists of the rest of the island), with Article 40.2 of the Constitution of Ireland forbidding the state conferring titles of nobility and stating that an Irish citizen may not accept titles of nobility or honour except with the prior approval of the Irish government.